Premises Liability/Personal Injury
The plaintiff claimed that as she entered an elevator in the lobby of the building where she worked, she tripped on the elevator floor which was approximately 1 to 1½ feet higher than the lobby floor and sustained serious physical injury. Plaintiff's theory of liability against our client, the building manager, was based on the theory of res ipsa loquitur. Brown Gavalas & Fromm moved for summary judgment arguing that in order to establish liability under the doctrine of
res ipsa loquitur, the plaintiff was required to prove that our client was in exclusive control of the elevator. We further argued that since our client had hired a company to maintain the elevator, it was not in exclusive control of the elevator. The Court agreed with our position and granted the motion, dismissing plaintiff's claims against our client.
Alban v. SL Green Realty Corp. et al., Supreme Court, New York County.